Premises cases, also known as slip and fall cases, are handled and treated differently than car accidents. Unlike car accidents in New York and New Jersey, you will not have to file a claim with your own insurance company. “No fault” rules only apply to car accidents in these states. If you are injured in a premises liability case and wish to recover from your injuries, you should follow these steps.
- Note that you have three years from the date of the incident to file a claim against the offender if in New York, or two years if in New Jersey.[1]
- Identify what caused your injury. It could be anything from a fallen branch on someone’s property, a pothole or uneven sidewalk you tripped over, or a wet floor with no sign or warning.
- Identify the party who is responsible for your injuries. In many cases, this would be the owner of the business or home in which the accident occurred. Some examples of premises are bars, clubs, restaurants, homes, and even backyards. Generally, the owner of said premises, whether they be an individual or entity, can be held responsible for their negligence. If the injury occurred on public land, it may be possible to recover against the local municipality.
- You should then contact an attorney. We advise you to be truthful in your stories, as anything that occurred leading up to the accident can be used against you as evidence. If you were on your phone, a store owner could say you were not attentive. Even if you were, it is best that your attorney knows, as to best combat these claims.
- It is from there we can file a claim against the offending party.
Things you may need to look out for
Comparative negligence is the legal standard in New York which holds that damages may be reduced based on the injured party’s role in their injury. Means, if you could have done something to reduce your injury, it will be factored into how damages were awarded. For example, if you slip on a wet floor with no sign, but the floor was clearly wet, and you were not paying enough attention as other customers, a court may find you partially at fault. Say you are seeking damages of $100,000 but the court finds that you were 25% at fault for your own injury, you will be awarded $75,000. Some other arguments for comparative negligence could be that you were not supposed to be in that area of the premises when the injury occurred, or that you were wearing shoes that may be deemed inappropriate for the setting that you were in. If you are unsure how these defenses may be used against you should contact us at KI PI.
If you have been injured in a slip and fall our dedicated team of attorneys will fight for you and the compensation you deserve.
[1] N.Y. C.P.L.R. §214; N. J. S. A. 2A:14-2
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KI Legal Personal Injury fights for victims of a wide array of personal injury claims, from Motor Vehicle Accidents to Scaffolding and Ladder Falls to Slip/Trip & Falls, amongst others. By leveraging its multidisciplinary foundation and, with the help of its experienced litigators, KI Legal Personal Injury can fight for the results and compensation that victims deserve without pushing for premature settlements due to financial reasons. This financial paradigm shift swings the pendulum in our favor when it comes to negotiating with insurance carriers, inherently leading to better results for clients. For the latest updates.